The System of Courts in the United States.

The judicial power of the United States is the third branch of the Federal Government. It consists of a system of courts spread throughout the country and is headed by the Supreme Court of the United States.

Since that time the following federal court structure has been established in the United States: the Supreme Court, 11 Courts of Appeals and 95 district courts. The Congress has the authority to create and abolish federal courts, as well as to determine the number of judges in the federal judicial system. However, the Congress cannot abolish the Supreme Court.

All the courts are independent. The federal judges are appointed by the President for life, in practice, until they die, retire or resign. They can be removed from office only for misconduct and after trial in the Congress.

Federal courts have judicial power over cases arising out of the Constitution, laws and treaties of the United States, maritime cases, and cases dealing with foreign citizens or governments and cases arising between states. Usually federal courts do not hear cases arising out of the laws of individual states.

In addition to federal courts, each state has its own judicial system, including its own Supreme Court. This means, that the United States has two distinct systems of law, state and federal. As a matter of fact, the country has 51 sets of courts (in fifty states and the District of Columbia). As a result the United States has the most complex judicial system in the world.

The federal and state courts have the power to declare legislative acts unconstitutional that is in violation of the Constitution. By Constitution the courts have the power to hear and decide the two classes of cases – criminal and civil.

THE SUPREME COURT. The Supreme Court of the United States meets in the Supreme Court Building in Washington, D.C. The figure over the entrance represents the national ideas of law and liberty. Above the main entrance are the words: “Equal Justice Under Law”.

The Supreme Court is the highest court in the country and the head of the judicial branch of the US Government. It consists of a Chief Justice and eight associate Justices. The Court meets on the first Monday of October each year and continues its session until June.

One of the most important duties of the Supreme Court Justices is to decide whether laws passed by the Congress agree with the Constitution. The Justices do this by interpreting and explaining the laws of Congress and the provisions of the Constitution. If the Supreme Court decides that the Constitution does not give Congress the power to pass a certain law, the Court will declare that law to be unconstitutional. Such a law will never come into force.

Most of the cases heard by the Supreme Court are on appeal from lower federal courts. A few of these cases come directly from federal district courts and from courts of appeals. The great majority of requests for hearing that the Court receives each year are rejected. The number of cases decided at an annual session is about 150.

Decisions of the Court are taken by a simple majority. The legal quorum of Justices, participating in the decision, is six (out of nine).

COURTS OF APPEALS. Immediately below the Supreme Court stand the courts of appeals, created in 1891. They make up the second highest level of the federal judiciary. The United States is divided into 11 separate regions, each of them being served by a court of appeals. Each court has from three to fifteen sitting judges. The courts of appeals were established to hear most of the appeals growing out of district courts actions. Only the Supreme Court reviews the decisions of the appeals courts.

DISTRICT COURTS. Below the courts of appeals are the district courts. The 50 States are divided into 89 districts. Additionally, there is one in the District of Columbia and one in Puerto Rico, which is not a state, but part of the US. Each state has at least one district court. But many states have two, three and even four such courts. The Congress fixes the borders of the districts according to the population, size and volume of work.

Each of the district courts has from one to twenty-seven judges, depending on the volume of cases. Sometimes one judge serves two or more districts. A small state may itself constitute a district. District judges must live in the district, or one of the districts, for which they are appointed. Court is usually held at regular intervals in various cities within each district.

Most cases start in district courts. Cases begun in state courts are occasionally transferred to them. Almost all accused of committing federal crimes are tried in the district courts.

SPECIAL COURTS. The Constitution gives Congress the authority to establish other courts and to increase or decrease their number, as the need may arise. In addition to the federal courts of general jurisdiction, it has been necessary from time to time to set up courts for special purposes. Judges in these courts like in order federal courts are appointed for life terms by the President.

One of the most important of these special courts in the Court of Claims, which was established in 1855. It deals with monetary claims against the Federal Government. Usually claims are for unpaid salary, property taken for public use, contractual obligations, and personal injuries for which the Federal Government is allegedly responsible. The Court of Claims consists of a chief justice and four associate justices.

Another important special court is the Customs Court, which has exclusive jurisdiction over cases, connected with taxes or quotas on important goods. The Customs Court includes nine members.

Дата добавления: 2015-07-20